An ordinance authorizing
the acceptance of Contract No. 2001602 between the State of Tennessee and The
Metropolitan Government of Nashville and Davidson County for LP 3284, 21st Avenue
Sidewalk Improvement Project.

Whereas, The Metropolitan
Government of Nashville and Davidson County acting through its Department of
Public Works hereinafter sometimes referred to as the "Local Agency"
has recommended 21st Avenue Sidewalk Improvement Project under 23 U.S.C.A. §
133, the Surface Transportation Enhancement Program.

Whereas, The State of Tennessee,
acting through its Department of Transportation, hereinafter referred to as
the "Department" has allocated funds for the following project:

Whereas, pursuant to the
provisions from the Transportation Enhancement Program funds allocated or subject
to allocation to the Local Agency, the Department will provide one twenty (20%)
percent of the project cost; and

Whereas, the Department
and Local Agency have negotiated a contract for the above described project;
and

Whereas, it is in the best
interest of the Metropolitan Government that said contract be approved and that
the Metropolitan Mayor be authorized to execute said contract.

Now, therefore, be it enacted
by the Council of The Metropolitan Government of Nashville and Davidson County,
Tennessee:

Section 1. The contract
between the Department and the Local Agency concerning LP No. 3284, 21st Avenue
Sidewalk Improvement Project and made a part of this ordinance, be and the same
is hereby accepted by the Metropolitan Government.

Section 2. The Metropolitan County Mayor is authorized to execute the attached
contract and any and all additional documents for LP No. 3284, 21st Avenue Sidewalk
Improvement Project under 23 U.S.C.A. § 133, the Surface Transportation
Enhancement Program. These documents may include, but are not limited to, installation,
operation, and maintenance of traffic signals, and roadway/street lighting facilities;
and the appropriation of funding for the project.

Section 3. That any and
all such additional contracts and/or documents for LP No. 3284, 21st Avenue
Sidewalk Improvement Project between the Department and the Metropolitan Government
must be ratified by resolution supported by 21 affirmative votes of the Metropolitan
County Council prior to execution by the Metropolitan County Mayor.

Section 4. Should any court
of competent jurisdiction declare any section, clause, or provision of this
ordinance to be unconstitutional, such decision shall affect only such section,
clause or provision so declared unconstitutional, and shall not affect any other
section, clause or provisions of this ordinance, it being the express intent
of the Metropolitan County Council of The Metropolitan Government of Nashville
and Davidson County that the remainder of this ordinance continue in full force
and effect.

Section 5. This ordinance
shall take effect from and after its passage, the welfare of The Metropolitan
Government of Nashville and Davidson County requiring it.

Sponsored By: Ginger Hauser,
Amanda McClendon, Jim Shulman

Amendment
No. 1

to

Ordinance
No. BL2002-989

Mr. President:

I move to amend Ordinance
No. BL2002-989 by deleting the phrase "one-twenty (20%) percent",
wherein it appears in the third introductory recital clause, and replacing it
with the phrase "eighty percent (80%)"